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In Re Powell

OPINION FILED JUNE 12, 1980.

IN RE JOHN EDWARD PRINCE POWELL. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

JOHN EDWARD PRINCE POWELL, RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. MARTIN BRODKIN, Judge, presiding.

MR. PRESIDING JUSTICE LINN DELIVERED THE OPINION OF THE COURT:

Respondent was found to be in need of mental treatment and was involuntarily committed to the Department of Mental Health and Developmental Disabilities. On appeal respondent contends that the evidence was insufficient to justify the commitment order and that respondent should not have been called as an adverse witness.

At the commencement of the hearing on May 22, 1979, the State, over the objection of respondent's counsel, called respondent to testify as an adverse witness. (Ill. Rev. Stat. 1977, ch. 110, par. 60.) Respondent, who had never been in a mental institution before, testified that he was 27 years old and lived on the South Side of Chicago. He explained that the police placed him in custody when he blocked a doorway at a clothing manufacturer. He claimed that he had produced a clothing design book for this business and that the manufacturer owed him $1 million for his efforts. Respondent was asked what design background he had to enable him to produce his design book. He stated that he had attended a tailoring school for 3 months and it had taken him several weeks to compile his book. The following colloquy ensued:

"Q Well, did you tell the doctor that you work?

A Everybody is God.

Q Did you tell the doctor you were God?

A Everybody is God.

Q What do you mean by everybody is God?

A Everybody got sense. God has sense. Be productive, use your sense.

Q How does that fit in with your program?

A I'm being productive, making the book of design for clothes for everybody in the world, in the universe; that's productive.

Q Have you been working?

A Right.

Q What type of work do ...


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